E/CN.4/1994/31
page 127
626. Mehmet Celik, was reportedly arrested in Batman-Kozluk, province of
Batman, on 9 January 1992. According to the Government, he was arrested after
he was identified as having given assistance and refuge to members of the PKK
terrorist organization. He later admitted the facts and confessed that he had
given his testimony without any pressure and that he regretted what he had
done. A medical report issued on 13 October 1992 stated that no signs of
force or strike had been found on his body.
627. Hassan Güldal, reportedly died at the Artvin provincial gendarmerie
command in June 1992. According to the Government, the allegations of torture
were not true. He was a member of the TKP-ML-TIKKO terrorist organization.
After being arrested, he began a hunger strike and died of a stomach
haemorrhage. The autopsy was effected in the presence of the Artvin
attorney general. No signs of torture had been found on his body.
628. Tahir Seyhan, allegedly died on 11 April 1992 in Mardin-Dargecit,
province of Mardin. According to the Government, the allegations of torture
were baseless. After he had been identified as having created "people’s
courts" in the name of the PKK terrorist organization and given logistical
support to the PKK terrorist organization, he was arrested. While in police
custody, he fell intentionally on the concrete floor and knocked his head.
He was brought to the state hospital under doctors’ surveillance and a first
medical intervention was effected. He died at Diyarbakir state hospital while
under treatment. Following the autopsy made at Diyarbakir state hospital, it
was identified that he died because of the trauma to his head due to the knock
on the concrete surface. No signs of torture were found on his body.
629. On 11 January 1993 the Government provided the Special Rapporteur with
information on Law No. 3842 (CMUK), approved by the Turkish Grand National
Assembly on 18 November 1992, which entered into force on 1 December 1992.
This law reportedly amended some provisions of the Code of Criminal Procedure
and the Law on Establishment and Prosecution Procedures of the State Security
Courts. It also abolished some provisions of the Law on Police Duties and
Powers and the Anti-Terror Law. According to the Government, the law
contained effective measures for the prevention of torture and ill-treatment
and introduced important amendments with respect to the right of defence.
Observations
630. The Special Rapporteur welcomes recent amendments to the law which could
go some way to alleviating the problem of torture in respect of persons
suspected of ordinary crime and outside zones where a state of emergency
obtains. The Special Rapporteur is also mindful of the difficulties faced by
the authorities as a result of the violent and often brutal acts of PKK and
other armed opposition groups. Nevertheless, the information available to the
Special Rapporteur and his predecessor over many years gives grounds for
concern, in the words of the findings of an inquiry conducted by the
Committee against Torture acting under article 20 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
about "the existence and systematic character of the practice of torture"
(A/48/44/Add.1, para. 58) in Turkey. He also shares the Committee’s hope that
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